KRS 342.140: Computation of employee's average weekly wage.

The average weekly wage of the injured employee at the time of the injury or last

injurious exposure shall be determined as follows:

(1) If at the time of the injury which resulted in death or disability or the last date of

injurious exposure preceding death or disability from an occupational disease:

(a) The wages were fixed by the week, the amount so fixed shall be the average

weekly wage;

(b) The wages were fixed by the month, the average weekly wage shall be the

monthly wage so fixed multiplied by twelv e (12) and divided by fifty -two

(52);

(c) The wages were fixed by the year, the average weekly wage shall be the

yearly wage so fixed divided by fifty-two (52);

(d) The wages were fixed by the day, hour, or by the output of the employee, the

average weekly wage shall be the wage most favorable to the employee

computed by dividing by thirteen (13) the wages (not including overtime or

premium pay) of said employee earned in the employ of the employer in the

first, second, third, or fourth period of thirteen ( 13) consecutive calendar

weeks in the fifty-two (52) weeks immediately preceding the injury;

(e) The wages were determined by the day, hour, or by the output of the

employee, and the employee received unemployment benefits pursuant to

KRS Chapter 341 durin g the first, second, third, or fourth period of thirteen

(13) consecutive calendar weeks in the fifty -two (52) weeks immediately

preceding the injury, the unemployment benefits received shall be added to

the wages earned during the thirteen (13) week perio d and divided by thirteen

(13), the average weekly wage shall be the result most favorable to the

employee;

(f) The employee had been in the employ of the employer less than thirteen (13)

calendar weeks immediately preceding the injury, his or her average weekly

wage shall be computed under paragraph (d), taking the wages (not including

overtime or premium pay) for that purpose to be the amount he or she would

have earned had he or she been so employed by the employer the full thirteen

(13) calendar weeks i mmediately preceding the injury and had worked, when

work was available to other employees in a similar occupation; and

(g) The hourly wage has not been fixed or cannot be ascertained, the wage for the

purpose of calculating compensation shall be taken to be the usual wage for

similar services where the services are rendered by paid employees.

(2) In occupations which are exclusively seasonal and ther efore cannot be carried on

throughout the year, the average weekly wage shall be taken to be one -fiftieth

(1/50) of the total wages which the employee has earned from all occupations

during the twelve (12) calendar months immediately preceding the injury.

(3) In the case of volunteer firemen, police, and emergency management agency

members or trainees, the income benefits shall be based on the average weekly

wage in their regular employment.

(4) If the employee was a minor, apprentice, or trainee when injur ed, and it is

established that under normal conditions his or her wages should be expected to

increase during the period of disability, that fact may be considered in computing

his or her average weekly wage.

(5) When the employee is working under concurre nt contracts with two (2) or more

employers and the defendant employer has knowledge of the employment prior to

the injury, his or her wages from all the employers shall be considered as if earned

from the employer liable for compensation.

(6) The term "wa ges" as used in this section and KRS 342.143 means, in addition to

money payments for services rendered, the reasonable value of board, rent, housing,

lodging, and fuel or similar advantage received from the employer, and gratuities

received in the course of employment from others than the employer to the extent

the gratuities are reported for income tax purposes.

(7) The commissioner shall, from time to time, based upon the best available

information, determine by administrative regulation industries which ordinarily do

not have a full working day for five (5) days in every week. In those industries,

compensation shall be computed at the average weekly wage earned by the

employee at the time of injury reckoning wages as earned while working full time.

"At f ull time" as used in this subsection means a full working day for five (5)

working days in every week regardless of whether the injured employee actually

worked all or part of the time.